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UPDATE: On April 29, 2019, the judge in the CarMax Defective Vehicles class action lawsuit granted a motion for summary judgment in favor of the defendant. Top Class Actions will let our viewers know if we learn of any new CarMax class actions filed.
CarMax has requested that a California federal judge throw out a proposed class action lawsuit claiming that the used car dealer knowingly sells defective cars.
According to CarMax, the customer who brought the car defects class action lawsuit hasn’t presented evidence to back up his claims that the car dealership tried to pass off defective cars as functional ones.
The motion for summary judgment from CarMax was filed the same day that consumers filed a motion for Class certification of California CarMax customers.
The CarMax car defect class action lawsuit was filed by plaintiff Anthony Gilbert Santos in 2017. He argued that he purchased a 2002 Ford F-150 from CarMax, not knowing that the vehicle had been included in a Ford safety recall. He says that the vehicle burst into flames in 2014 when it was turned off and parked in his driveway.
According to Santos, CarMax sells many cars that have been subjected to recalls, and he aims to represent himself and all other CarMax customers who purchased a recalled vehicle from CarMax between 2006 and 2010.
Santos states that the class period ends in 2010 because in 2010, CarMax added arbitration agreements to their sales agreements.
The CarMax class action lawsuit claims that a CarMax employee assured Santos that the Ford F-150 was free of defects, and said that it had been inspected.
According to Santos, he was offered a 30-day warranty that stated that the truck was in “top condition” at the time of purchase.
However, Santos’ CarMax class action lawsuit argues that CarMax knew or should have known that the vehicle was subject to a recall and therefore was not in “top condition.”
“Plaintiff is one of thousands if not hundreds of thousands of customers of CarMax in California who were misled as to the quality of their vehicles because of CarMax’s false representations,” Santos states.
However, CarMax has shot back against these claims, saying that Santos has not been able to prove that the truck fire was a result of the defect that led to the recall.
The used car dealer also says that Santos has not shown that his particular vehicle was defective — just that it was part of a group of vehicles deemed defective.
CarMax’s argument states that “Santos lacks even a scintilla of evidence showing that CarMax knew of the recall, much less a defect.”
CarMax further claims that Santos filed for bankruptcy in 2010 and was discharged from bankruptcy in 2015, releasing him from certain debts.
According to CarMax, Santos did not mention that he had the Ford F-150 truck that he purchased from CarMax. CarMax argued that he hid this asset from creditors assessing his finances and is now attempting to “turn around and seek cash for himself” in filing the CarMax class action lawsuit.
Based on this claim, CarMax argues that the court should dismiss the CarMax defective vehicles class action lawsuit.
Santos and the other CarMax drivers are represented by Brian S. Kabateck, Christopher B. Noyes, Brian Hong and Joana Fong of Kabateck LLP and by Edward W. Hess Jr. of the Law Offices of Edward W. Hess Jr.
The CarMax Defective Vehicles Class Action Lawsuit is Santos v. CarMax Inc., et al., Case No. 3:17-cv-02447, in the U.S. District Court for the District of Northern California.
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37 thoughts onCarMax Wants Defective Car Class Action Lawsuit Dismissed
I placed a car on hold with CarMax September 11 @9:24m for pick up Tuesday 17th. I called today for the vehicle additional pics, and was told the car was now place on hold for another consumer. How is that possible when I have an email confirmation. I asked to speak with the manager who insist on transferring me to the legal department because he didn’t want to deal with the situation. Mind you, I had financing already set up for the vehicle and ready to go. Not once did anyone apologize . These people at CarMax are so cold hearted and rude.
How can you remove my hold to give to someone else just like that, and think nothing of it. The worse unprofessional car buying experience I had . Never again
It was ‘Bait and Switch’ with me. I place hold/order on a vehicle and a different one was ‘substituted’; a piece of JUNK this one is. Leaks antifreeze, coolant temp gauge is all over the place, driver door have to slam to shut, been wrecked I believe because paint shows this as well. Sat on the lot a long time as carpet is fading from sun so they switched them on me at last miinute. I let them know within the 7 day initial period but got no results and still can’t.
How do I become a part of this Class Action Lawsuit? I have been trying to find a lawyer to take my case against Carmax. They sold me a car that was involved in a collision and the engine needs to be replaced. This information was not disclosed to me during the sale. I found this out when I ordered a Chrysler 300 and was looking to trade my current car. When I looked at the agents screen it had an alert in reference to my car stating that the car was involved in an accident and engine needs to be replaced. When they appraised my car, they also found that I have a Piston leak.
From a distraught single mom,
From NYC I researched, travelled to & purchased an Altima 2016 in longhorne p.a. in May 2018. Within less than 30 days of purchase car stalled one late evening. Next day I learned There was a transmission recall. Also, salesperson provided erroneous sales contract. They’ve refused to take the car back and haven’t responded to my lawyer.
I purchased a car from CarMax in November 2018. The car had a hose leak that should have been caught when mentioned at test drive but I had to take it back to them fix 3 days later because I got the car on a Friday. I complained of an oil leak then because we had oil leaks in driveway and they told us the oil gasket was just replaced the padding is just soaked in oil drive it for a couple of weeks. It should have been a red flag then but with a new job and getting sick, I didn’t have the time. I received a notice in the mail from Kia informing me that this was their third attempt of trying to reach the owners about recalls concerning the engine. Now on red flag 2 because it wasn’t mentioned the car had any active recalls. While fixing the recalls Kia noticed oil on engine so I contacted Carmax because they told me the car shouldn’t have been leaking because they had just replaced the gaskets before I got the car so if it’s an oil leak it’s something I did even though they were aware the car had a leak when I bought it. So I took the car up there and they told me it was my valve covers leaking and since they informed me when I got the car it was the gaskets they weren’t going to fix it I would have to pay out of pocket. I decided to take the car to another mechanic due to how the service manager treated me when I was trying to resolve the issue with him. We get under the car and low and behold the engine has oil on everything and once they cleaned it they could see where someone sealed the gasket with some type of rubber and then covered it with some sort of silicon as if they were trying to hide something. I tried contacting the service manager again today and of course I can’t get him on the phone or in the store because he’s out again like he was 2 weeks ago.
I just bought a car from Carmax a Land Rover evoque 2016 with 28,950 miles. At the third day engine light came on notify carmax make appointment for next week. On Saturday the 7 day the car blow a tire while I was driving with family and kids on it in the highway, luckily I was able to put to the left side immediately and got the car tow to discount tires for tire replacement. I called carmax and they told me that was a road hazard for which the car is not cover at all. The tire blew from the side for which show that was a defective tire. What kind of 125 checkpoints they do? Me and my family could it die in the accident due to their negligence and that was their answer.
My wife purchased a vehicle from CarMax in Fort Worth. The car was nothing but hiccups after hiccups. We brought the used car in to ask what’s wrong and the mechanics had no idea. Well we later understood why they had no idea, because the engine had vaccume issues and misfiring. They wanted to blame the issue on us when they knew it was a used lemon! Someone needs to stop them from selling these cars to hard working middle class families.
Is there anyway to add myself to this class action. I purchased a car from Carmax on February 22 or March 4 and went into the shop for radiator leak and temp gauge for three weeks and then two times again since then for the same thing plus check engine light . I’ve had to put the car back into their shop 4 times in 90 days.I’ve contacted the Better Business Bureau and reached out to corporate
I purchased a vehicle from the dealership, located in Ft. Worth, Tx. Off Interstate I 30. We discovered the car that we purchased, was free from all accidents per the report that the dealership presented at the time of purchase. How, I found out is my insurance co. Called and said my insurance is going up because I have three, at fault accidents. That’s funny because I haven’t been involved in an accident for 25 years. Since I’m a police officer, I have checked my driving record, with the Texas Department of Public Safty (TxDPS). Well I have had the car looked over by two independent Kia dealerships, and they both agreed that the car has had major body work done, and that was shoty at best, both dealership has agreed to write a formal letter stating the issues the car has and how unsafe the car is, and why… I have brought this issue to CarMax, and if they decide not cooperate with this investigation, I will seeking formal criminal charges, and sueing all involved in the selling of the vehicle, and then filing a civil lawsuit. I have some of the Best criminal and civil attorneys in Dallas who have been advised of this issue.
Add me too. I bought a car from CarMax and it had recalls. The car was in the shop more than I was driving it. I finally traded it in at another car dealership!
I purchased an SUV from CarMax in Florida and had nothing but problems from day 1 until now; the same issues as when I purchased the vehicle.